Larimer County Probation and Parole are very different in Fort Collins, Colorado Courts. Parole only happens following a prison or DOC sentence. It is a type of supervision after someone gets out of prison, to help in the transition to normal life. Social and job hunting skills can be lost in the regimented prison life. Probation is the sentence itself, given by a criminal court, compared to a prison or jail sentence. Colorado prison sentences are given with felony crimes, whereas a Larimer County Jail sentence usually happens with a misdemeanor finding of guilt. There are other differences between these two important criminal law terms, as outlined below.
Parole Sentences in Fort Collins, Colorado, are Usually Shorter than Probation Sentences
Remember from above, that Probation is a substitute for a jail sentence, and Parole occurs once someone serves most of their prison sentence. Parole is granted after someone’s Parole Eligibility Date. Generally speaking, Parole is not thought of as someone’s main sentence, but it can be seen as part of it since it is a mandatory statutory rule.
A Larimer County judge cannot give longer than 5 years of Probation in most cases with a misdemeanor. But, with felony Probation, this type of sentence can be much longer. The judge does not get to set the length of Parole, since that is set by Colorado law. Parole lengths are standard, based on the class of crime involved. Defendants will get 5 years Parole with a class 2 or class 3 felony, 3 years with a class 4 felony, 2 years with a class 5 felony and one year if the conviction is for a class 6 felony. If someone has a class 1 felony, it is for a lifetime, and they are not eligible for Parole at any time.
Larimer County Probation Revocation and Parole Revocation Hearings: Complaint to Revoke in Fort Collins Courts
The revocation process begins with a Larimer County Probation officer filing a Complaint for Revocation of Probation. Generally, a defendant is then arrested without warning when they arrive at a Probation meeting. Some Probation officers seem to take a special pleasure in this process. Once someone on Parole is arrested for a violation, they are normally held in the Larimer County Jail until the time when a Parole Board meets to determine whether the defendant will have their Parole revoked and they will be returned to the Department of Corrections all or a portion of their Parole. In rare cases, a judge can reinstate Probation, or the Parole Board can reinstate someone’s Parole. Both of these systems like to have the inmate punished a little after a violation, so the Parolee or Probationer gets the message that a more harsh penalty will follow if the inmate does not get with the program and make solid progress.
If someone’s Probation is revoked, the Larimer County judge can resentence the person to anything the judge had legally available when the first sentence was imposed – even Probation. Generally though, a judge will want to increase the penalty on someone once they’ve lost the privilege of Probation, such as giving a Larimer County Jail sentence or work release sentence. Prison is also on the table for felony convictions following a revocation of Probation.
Parole Officers Work at the State Level, and Probation is More Local to the Larimer County Court Level
The Larimer County Probation office is located east of Fort Collins on Prospect, near the Larimer County Jail. The usual process involves going to Probation after sentencing. The receptionist will give you a questionnaire to fill out, and then set you for an appointment with your new Officer a bit later. In some cases, the office sends people for supervision from a private company, for their term of Probation. What is most important is for persons under Probation to realize that your Officer can get you violated and sent to jail or prison. So, remember that you are not in charge. A humble attitude is essential to success.
With supervision by Parole, state level employees oversee inmates, and are known as Parole Officers. These Officers are employed by Colorado. They have regular contact with the Parole Board and Colorado’s prison system. If you are found to have violated the rules of your release, you will usually be sent back to prison right away – without the right to see a judge. This occurs because you are still under the supervision of the Parole Board. It is much like you are still in DOC. The purpose of Parole is to reintegrate someone to live a lawful life in their community once they leave prison, but technically they still belong to DOC. This is a transition step which can quickly be revoked if the rules are not followed.